A Bench headed by Justice Arijit Pasayat, however, said that it was leaving the option of approaching the magistrate concerned for recording the first information report against two leaders to the aggrieved individuals.

As regards the allegations, prior sanction was required for prosecuting the chief minister, the apex court said.

The investigating agency if it so desires can make the plea with the government which should be considered within three months, the court added.

The public interest litigation was filed by prominent ad guru Alyque Padamsee alleging that Modi and Singhal made highly inflammatory speeches against minorities, which created communal tension in the country.

According to the petitioner, local police failed to register any case against the accused due to political pressure.